C.F.R. » Title 22 » CHAPTER I—DEPARTMENT OF STATE › SUBCHAPTER E—VISAS › PART 42—VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED › Subpart G—Application for Immigrant Visas

22 C.F.R. § 42.62

Personal appearance and interview of applicant

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(a) Personal appearance of applicant before consular officer. Every alien applying for an immigrant visa, including an alien whose application is executed by another person pursuant to § 42.63(a)(2), shall be required to appear personally before a consular officer for the execution of the application or, if in Taiwan, before a designated officer of the American Institute in Taiwan, except that the personal appearance of any child under the age of 14 may be waived at the officer's discretion.

(b) Interview by consular officer. (1) Every alien executing an immigrant visa application must be interviewed by a consular officer who shall determine on the basis of the applicant's representations and the visa application and other relevant documentation—

(i) The proper immigrant classification, if any, of the visa applicant, and

(ii) The applicant's eligibility to receive a visa.

(2) The officer has the authority to require that the alien answer any question deemed material to these determinations.

[86 FR 70740, Dec. 13, 2021]
Notes of Decisions
Cited in 89 cases (71 in the last 5 years), 1979–2026 · leading case: Int'l Refugee Assistance Proj. v. Trump, 857 F.3d 554 (4th Cir. 2017).
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Int'l Refugee Assistance Proj. v. Trump, 857 F.3d 554 (4th Cir. 2017). · cites it 2× “See 22 C.F.R. § 42.62 (b) (“Every alien executing an immigrant visa application must be interviewed by a consular officer who shall determine on the basis of the applicant’s representations and the visa application and other relevant documentation—(1) The proper immigrant…”
Trump v. Hawaii, 138 S. Ct. 2392 (2018). “§§1201(a)(1), 1202(h)(1), 22 CFR §§42.62 (a)–(b) (2017); see also 8 U.”
John Doe 1 v. Donald Trump, 957 F.3d 1050 (9th Cir. 2020). · cites it 2× “§ 1202(a), (e); 22 C.F.R. § 42.62 . The consular officer then makes a determination to issue or refuse the visa application.”
Intl. Refugee Assistance v. Donald J. Trump, 883 F.3d 233 (4th Cir. 2018). · cites it 2× “§§ 1201(a)(1), 1202(h), 1204; 22 C.F.R. § 42.62 . But holding a valid visa does not guarantee a right of entry into this country.”
Antonio Ventura-Escamilla & Rosa Maria Martinez De Ventura v. Immigr. & Naturalization Serv., 647 F.2d 28 (9th Cir. 1981). · cites it 3× “22 C.F.R. § 42.62 (b)(2). The Department of State Foreign Affairs Manual has defined date of *30 submission as “the date on which the evidence was date-stamped received by the receiving post, not the date on which it was reviewed.”
Bethney Lovo v. Loren Miller, 107 F. 4th 199 (4th Cir. 2024). “”); 22 C.F.R. § 42.62 (a)–(b) (describing requirement to appear and have eligibility assessed by a consular officer); id.”
Refugio Silva v. Griffin B. Bell, United States Attorney Gen., 605 F.2d 978 (7th Cir. 1979). “22 C.F.R. § 42.62 (1967). Applications were processed in chronological order based on priority dates, without regard to an applicant’s country of origin.”
Imelda Contreras De Avilia, Fidel Ocampoocampo, Candelario Escobar De Ocampo, & Cross-Appellants v. Benjamin Civiletti, & Cross-Appellees, 643 F.2d 471 (7th Cir. 1981). “22 C.F.R. §§ 42.62 , 42.63 (1975). Changes by the 1976 Amendments The Immigration and Nationality Act Amendments of 1976 wrought a number of changes in the Act.”
Bardouille, 18 I. & N. Dec. 114 (BIA 1981). · cites it 2× “22 C.F.R. 42.62(a); 8 C.F. R. 245.1(g)(2).”
Drigo, 18 I. & N. Dec. 223 (BIA 1982). “See 22 C.F.R. 42.62(a); S C.F.R. 245.1(g)(2).”
Martinez Ex Rel. Rodriguez-Sanchez v. Bell, 468 F. Supp. 719 (S.D.N.Y. 1979). “The other issue, that of whether this Court can review such an administrative determination, was not a matter before the Court at any time and, accordingly, no opinion is expressed as to whether, or to what extent, the Court has jurisdiction to review a decision made in…”
Legal Assistance for Vietnamese Asylum Seekers v. Dep't of State, Bureau of Consular Affairs, 45 F.3d 469 (D.C. Cir. 1995). “22 C.F.R. § 42.62 (a) (1994). From June 1979 to April 1993, the State Department processed applications for Vietnamese boat people in Hong Kong at the *471 United States consulate.”
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— 22 C.F.R. § 42.62(a) — 3 cases
Bardouille, 18 I. & N. Dec. 114 (BIA 1981). “22 C.F.R. 42.62(a); 8 C.F. R. 245.1(g)(2).”
Drigo, 18 I. & N. Dec. 223 (BIA 1982). “See 22 C.F.R. 42.62(a); S C.F.R. 245.1(g)(2).”
Saekow, 17 I. & N. Dec. 138 (BIA 1979).
— 22 C.F.R. § 42.62(b)(1) — 1 case
Saekow, 17 I. & N. Dec. 138 (BIA 1979).
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